Johnson, et al. v. Government of the District of Columbia, et al., No. 11-5115 (D.C. Cir. 2013)
Annotate this CasePlaintiffs filed suit against the District and others, alleging that strip searching incoming detainees violated the Fourth Amendment and, where men were not similarly strip searched, the Fifth Amendment's equal protection guarantee. The court concluded, under Bame v. Dillard, that the Superior Court Marshal was entitled to qualified immunity because the Fourth Amendment right he was accused of violating was not clearly established at the time of any violation. The court agreed with the district court that there was no circumstantial evidence that the Marshal purposefully directed that women and men be searched differently at the Superior Court cellblock. According, the Marshal was entitled to qualified immunity because class members have failed to show that he violated their Fifth Amendment rights. The court affirmed the judgment of the district court.
The court issued a subsequent related opinion or order on August 1, 2014.
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